AB732: Bill Text

AB732,12,3 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 18, unless the liable person has prevented payment by any act or omission.

AB732, s. 29 Section 29. 301.26 (3) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB732,12,8 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (gr), (ko), and (o), the department shall allocate funds to each county for services under this section.

AB732, s. 30 Section 30. 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act 28, section 2677, is amended to read:

AB732,12,19 301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be $275 the dollar amount set by the department under par. (dm) 1. for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 the dollar amount set by the department under par. (dm) 1. for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home, $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.

AB732, s. 31 Section 31. 301.26 (4) (d) 3. of the statutes, as affected by 2009 Wisconsin Act 28, section 2678, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,13,7 301.26 (4) (d) 3. Beginning on July 1, 2010, and ending on June 30, 2011, the per person daily cost assessment to counties shall be the dollar amount set by the department under par. (dm) 1. for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), the dollar amount set by the department under par. (dm) 1. for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 for care in a residential care center for children and youth, $200 for care in a group home for children, $75 for care in a foster home, $130 for care in a treatment foster home under rules promulgated under s. 48.62 (8) (c), $103 for departmental corrective sanctions services, and $41 for departmental aftercare services.

AB732, s. 32 Section 32. 301.26 (4) (dm) of the statutes is created to read:

AB732,13,17 301.26 (4) (dm) 1. The department shall set the per person cost assessments to counties under par. (d) 2. and 3. for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), and for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3). In setting those assessments, the department may set one assessment for short-term placements of 30 days or less and another assessment for long-term placements of more than 30 days. The department shall set those assessments at least annually, effective on July 1 of each year, and may adjust those assessments more frequently as necessary to reflect the average per person daily cost of providing that care.

AB732,14,6 2. a. Before the department may set or adjust an assessment under subd. 1., the department shall submit a plan for the implementation of the proposed assessment to the cochairpersons of the joint committee on finance. If the proposed assessment involves an increase in the current assessment, the department may also submit with the plan a request for supplemental funds from the appropriation account under s. 20.865 (4) (a) to be credited to the appropriation account under s. 20.410 (3) (cd) to provide funding to counties under sub. (3) (c) to cover any increased charges to counties expected under the proposed assessment. The joint committee on finance may, from the appropriation account under s. 20.865 (4) (a), supplement the appropriation account under s. 20.410 (3) (cd) in an amount equal to those increased charges expected. If the joint committee on finance approves an increased assessment and request for supplemental funds, the department shall increase the funds allocated to counties under sub. (3) (c) in proportion to each county's proportional use of the services specified in subd. 1.

AB732,14,16 b. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan and request for supplemental funds within 14 working days after the date on which the department submits that plan and request, the plan and supplement are approved. If, within 14 working days after the date on which the department submits the plan and request for supplemental funds, the cochairpersons of the joint committee on finance notify the department that the committee has scheduled a meeting for the purpose of reviewing that plan and request, the plan may be implemented and the supplement may occur only as approved, or modified and approved, by the committee.

AB732,14,19 3. The department shall publish any assessment set or adjusted under subd. 1. in the Wisconsin Administrative Register and is not required to promulgate that assessment as a rule under ch. 227.

AB732, s. 33 Section 33. 301.26 (6) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB732,14,25 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (gr), (ko), and (o) for purposes described in this section.

AB732, s. 34 Section 34. 301.26 (7) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB732,15,7 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.410 (3) (cd), (gr), (ko), and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2009, and ending on June 30, 2011, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB732, s. 35 Section 35. 301.26 (7) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB732,15,16 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $50,395,100 for the last 6 months of 2009, $100,790,200 for 2010, and $50,395,100 for the first 6 months of 2011. In addition to those amounts for 2010 and the first 6 months of 2011, for 2010 the department shall allocate for that purpose all moneys credited to the appropriation account under s. 20.410 (3) (gr) during that year and for the first 6 months of 2011 the department shall allocate for that purpose all moneys credited to that appropriation account during that period.

AB732, s. 36 Section 36. 301.265 of the statutes is created to read:

AB732,15,21 301.265 Community youth and family aids surcharges. (1) If a court imposes a forfeiture for a violation of a traffic regulation, as defined in s. 345.20 (1) (b), the court shall impose under ch. 814 a community youth and family aids surcharge of $14.

AB732,15,23 (2) If a forfeiture is suspended in whole or in part, the community youth and family aids surcharge shall be reduced in proportion to the suspension.

AB732,16,4 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the community youth and family aids surcharge under this section. If the deposit is forfeited, the amount of that surcharge shall be transmitted to the secretary of administration under sub. (4). If the deposit is returned, the amount of that surcharge shall also be returned.

AB732,16,9 (4) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB732,16,13 (b) If the surcharge is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, village, or town, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB732,16,16 (5) All moneys collected from community youth and family aids surcharges shall be deposited by the secretary of administration in s. 20.410 (3) (gr) and utilized in accordance with s. 301.26.

AB732, s. 37 Section 37. 302.31 (7) of the statutes is amended to read:

AB732,16,23 302.31 (7) The temporary placement of persons in the custody of the department, other than persons under 17 18 years of age, and persons who have attained the age of 17 18 years but have not attained the age of 25 years who are under the supervision of the department under s. 48.366 or 938.355 (4) and who have been taken into custody pending revocation of aftercare supervision under s. 48.366 (5) or 938.357 (5) (e).

AB732, s. 38 Section 38. 814.75 (1h) of the statutes is created to read:

AB732,16,25 814.75 (1h) The community youth and family aids surcharge under s. 301.265.

AB732, s. 39 Section 39. 814.78 (1) of the statutes is renumbered 814.78 (1m).

AB732, s. 40 Section 40. 814.78 (1j) of the statutes is created to read:

AB732,17,3 814.78 (1j) The community youth and family aids surcharge under s. 301.265.

AB732, s. 41 Section 41. 814.79 (1) of the statutes is renumbered 814.79 (1r).

AB732, s. 42 Section 42. 814.79 (1j) of the statutes is created to read:

AB732,17,6 814.79 (1j) The community youth and family aids surcharge under s. 301.265.

AB732, s. 43 Section 43. 814.80 (1) of the statutes is renumbered 814.80 (1m).

AB732, s. 44 Section 44. 814.80 (1j) of the statutes is created to read:

AB732,17,9 814.80 (1j) The community youth and family aids surcharge under s. 301.265.

AB732, s. 45 Section 45. 814.81 (1) of the statutes is renumbered 814.80 (2).

AB732, s. 46 Section 46. 814.81 (1j) of the statutes is created to read:

AB732,17,12 814.81 (1j) The community youth and family aids surcharge under s. 301.265.

AB732, s. 47 Section 47. 938.02 (1) of the statutes is amended to read:

AB732,17,18 938.02 (1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated committed a violation of any state or federal criminal law or any civil law or municipal ordinance that is punishable as a felony, "adult" means a person who has attained 17 years of age.

AB732, s. 48 Section 48. 938.02 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,17,21 938.02 (1) "Adult" means a person who is 18 years of age or older.

AB732, s. 49 Section 49. 938.02 (10m) of the statutes is amended to read:

AB732,18,2 938.02 (10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated committed a violation of a state or federal criminal law or any civil law or municipal ordinance that is punishable as a felony, "juvenile" does not include a person who has attained 17 years of age.

AB732, s. 50 Section 50. 938.02 (10m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,18,5 938.02 (10m) "Juvenile" means a person who is less than 18 years of age.

AB732, s. 51 Section 51. 938.12 (2) of the statutes is amended to read:

AB732,18,16 938.12 (2) Seventeen-year-olds Retention of jurisdiction. If a petition alleging that a juvenile is delinquent for committing an act that would be a felony if committed by an adult is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case. If a petition alleging that a juvenile is delinquent for committing an act that would be a misdemeanor if committed by an adult is filed before the juvenile is 18 years of age, but the juvenile becomes 18 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB732, s. 52 Section 52. 938.12 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,18,23 938.12 (2) Retention of jurisdiction. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 18 years of age, but the juvenile becomes 18 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB732, s. 53 Section 53. 938.18 (2) of the statutes is amended to read:

AB732,19,13 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the a petition alleging that the juvenile has committed a violation that would be punishable as a felony if committed by an adult and becomes 17 years of age before an adjudication or if the juvenile denies that facts of a petition alleging that the juvenile has committed a violation that would be punishable as a misdemeanor if committed by and adult and becomes 18 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB732, s. 54 Section 54. 938.18 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,19,24 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 18 years of age before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB732, s. 55 Section 55. 938.183 (3) of the statutes is amended to read:

AB732,20,7 938.183 (3) Placement in state prison; parole. When a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 18 years, the department may place the juvenile in a state prison named in s. 302.01, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB732, s. 56 Section 56. 938.255 (1) (intro.) of the statutes is amended to read:

AB732,20,17 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) alleging that the juvenile has committed a violation that would be punishable as a felony if committed by an adult, shall be entitled, "In the interest of (juvenile's name), a person under the age of 18". A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) alleging that the juvenile has committed a violation that would be punishable as a felony if committed by an adult shall be entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition initiating proceedings under this chapter shall specify all of the following:

AB732, s. 57 Section 57. 938.255 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,20,23 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter shall be entitled, "In the interest of (juvenile's name), a person under the age of 18." A petition initiating proceedings under this chapter shall specify all of the following:

AB732, s. 58 Section 58. 938.344 (3) of the statutes is amended to read:

AB732,21,8 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th 18th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB732, s. 59 Section 59. 938.35 (1m) of the statutes is amended to read:

AB732,21,20 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) that the juvenile has committed a violation that would be punishable as a felony if committed by an adult shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) that the juvenile has committed a violation that would be punishable as a misdemeanor if committed by an adult shall bar any future proceeding on the same matter in criminal court when the juvenile attains 18 years of age. This paragraph subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB732, s. 60 Section 60. 938.35 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,22,2 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 18 years of age. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB732, s. 61 Section 61. 938.355 (4) (b) of the statutes is amended to read:

AB732,22,24 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 18 years of age shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 18 years of age or older when the original dispositional order terminates.

AB732, s. 62 Section 62. 938.355 (4m) (a) of the statutes is amended to read:

AB732,23,11 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 for committing a violation that would be punishable as a felony if committed by an adult may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 for committing a violation that would be punishable as a misdemeanor if committed by an adult may, on attaining 18 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB732, s. 63 Section 63. 938.355 (4m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,23,19 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 18 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

AB732, s. 64 Section 64. 938.39 of the statutes is amended to read:

AB732,24,4 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 that would be punishable as a felony if committed by an adult bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 that would be punishable as a misdemeanor if committed by an adult bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 18. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB732, s. 65 Section 65. 938.39 of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,24,11 938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 18. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.

AB732, s. 66 Section 66. Subchapter IX (title) of chapter 938 [precedes 938.44] of the statutes is amended to read:

AB732,24,14 CHAPTER 938

AB732,24,15 SUBCHAPTER IX

AB732,24,16 JURISDICTION OVER PERSONS 17 18 OR OLDER

AB732, s. 67 Section 67. 938.44 of the statutes is amended to read:

AB732,24,20 938.44 Jurisdiction over persons 17 18 or older. The court has jurisdiction over persons 17 18 years of age or older as provided under ss. 938.355 (4) and 938.45 and as otherwise specified in this chapter.

AB732, s. 68 Section 68. 938.45 (1) (a) of the statutes is amended to read:

AB732,25,7 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older has been guilty of contributing to, encouraging, or tending to cause, by any act or omission, such that is punishable as a felony, that condition of the juvenile or that any person 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause, by an act or omission that is punishable as a misdemeanor, that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and where funds for the maintenance or care shall be paid.

AB732, s. 69 Section 69. 938.45 (1) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB732,25,17 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause, by any act or omission, that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and where funds for the maintenance or care shall be paid.